District of Montana
Press releases recorded for this federal judicial district.
Joseph Daniel Capehart Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 3, 2013, before U.S. District Judge Sam E. Haddon, JOSEPH DANIEL CAPEHART, a 28-year-old resident of Miles City, pled guilty to distribution of methadone. Sentencing has been set for October 7, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On October 5, 2011, Miles City Police, Custer County Sheriff's deputies and agents with Montana Division of Criminal Investigations responded to a report of a deceased female at a residence in Miles City. The deceased individual was identified as C.H., a 28-year-old white female.
Law enforcement learned that C.H. had been found unresponsive at 9:00 a.m. on October 5, 2011, in her bedroom at her home. C.H. was pronounced dead and found to have died from a self-administered, intravenous injection of methadone. Next to C.H., in her bedroom, officers found a spoon with white residue and nearby on a night stand were three other spoons containing white residue as well as a hypodermic needle and syringe. Law enforcement collected numerous items of drug paraphernalia including: a bottle of oxycodone in C.H.'s name; hypodermic syringes; a baggie containing an unknown white powder; a Samsung cell phone; unknown red pills, and more syringes.
Searches were conducted on the phones taken from the home. A phone number in one of the phones was under the contact name "Joe." The number was looked up by law enforcement and came back to CAPEHART. CAPEHART sent C.H. several text messages on October 4 and 5, 2011.
CAPEHART contacted law enforcement following C.H.'s death to report that he had information about her death. During several tape recorded interviews with law enforcement in the days following C.H.'s death, CAPEHART reported "middling" a deal between C.H. and another individual for a small amount of methadone tablets. CAPEHART initially reported the transaction occurred in the week before C.H.'s death.
CAPEHART now admits that he knew C.H. and that at one point approximately one month before her death, C.H. asked him to trade a quantity of methadone pills for oxycontin pills - C.H.'s drug of choice. Approximately one week before her death, CAPEHART reports that C.H. contacted him and asked for the methadone pills back. CAPEHART reports giving C.H. the 10 to 15 methadone, 10 milligram tablets back in the week before her death.
During the search of C.H.'s house, law enforcement found approximately 30 methadone pills in a bottle, not including the methadone pills C.H. self-injected prior to her death. The evidence is unclear if C.H. obtained additional methadone pills from a source other than CAPEHART in the days prior to her death.
CAPEHART faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release.
The investigation was a cooperative effort between the Miles City Police Department, the Custer County Sheriff's Office, and the Montana Division of Criminal Investigation.
Derek Tyson Bellamy Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on July 2, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, DEREK TYSON BELLAMY, a 31-year-old resident of Billings, was found guilty of being a felon-in-possession of a firearm. Sentencing is set for October 21, 2013. He is currently detained.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
BELLAMY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Cindy Lee Johnson Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 2, 2013, before U.S. District Judge Sam E. Haddon, CINDY LEE JOHNSON, a 34-year-old resident of Clearfield, Utah, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for October 7, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr the government stated it would have proved at trial the following:
On January 11, 2013, JOHNSON, was detained and then arrested by law enforcement following the execution of a search warrant by Drug Enforcement agents. JOHNSON was booked and transported to jail where she was searched.
On January 12, 2013, law enforcement was advised that jail staff had located 4.1 grams of methamphetamine on JOHNSON's body during the intake search.
On February 21, 2013, jailers received information from several other inmates that there was a large quantity of methamphetamine in the female cell block. The jailers learned that JOHNSON was believed to be the person who had smuggled in the methamphetamine and was distributing it to the rest of the inmates. A strip search was conducted of JOHNSON as was a search of JOHNSON's cell. In JOHNSON's cell jailers found two golf ball sized items wrapped in electrical tape. The items were unwrapped and tested. The two golf ball sized items were methamphetamine. The methamphetamine was weighed by the DEA lab and found to have a net weight of 52.4 grams and a purity of 89.2%.
JOHNSON had smuggled the methamphetamine into the jail following her arrest in her body cavity. JOHNSON concealed the drugs from jailers and distributed the methamphetamine to other female inmates at the jail between her arrest on January 11, 2013, and February 21, 2013.
JOHNSON faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The illegal activities described in this case were in part attributable to the demand currently being noted in the areas referred to as the "Bakken Boom." The change of plea in this case is a direct result of the cooperative efforts of the Drug Enforcement Agency and the Montana Division of Criminal Investigations in those communities directly affected by the population influx due to the Bakken.
Arik Alan MacBlane Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 3, 2013, before U.S. District Judge Sam E. Haddon, ARIK ALAN MACBLANE, a 33-year-old resident of Williston, North Dakota, pled guilty to conspiracy to possess methamphetamine with intent to distribute and distribution. Sentencing has been set for October 7, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney , the government stated it would have proved at trial the following:
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
MACBLANE was from Lewistown. In November of 2009, MACBLANE moved to Billings to be with his girlfriend, Corina Moldrem. MACBLANE had been a methamphetamine user while living in Lewistown and continued to use the drug once he moved to Billings.
After MACBLANE returned to Billings in November of 2009, he learned that Moldrem was distributing methamphetamine and that her source was Jeri Lynn Milheim. A short time later, Milheim became MACBLANE's source for methamphetamine for further distribution. MACBLANE knew that Milheim was getting her methamphetamine from a source known as "Paco" that lived in Las Vegas, Nevada. Paco was later identified as Francisco Flores-Jorge. MACBLANE estimated he received methamphetamine from Milheim for approximately two months.
At some point Milheim and Paco had a falling out and Milheim started getting her methamphetamine from Angel and Jose Aguilar. MACBLANE paid the Aguilars between $2,000 and $2,500 each time he met with them to pay his debt. In early 2010, Angel arrived in Billings and introduced MACBLANE to Paco. After that meeting Angel and Jose both began traveling to Billings to distribute methamphetamine. MACBLANE distributed methamphetamine for Angel and Jose. A short time later, Angel and Jose then got in a fight with Paco over giving Milheim methamphetamine. At that point MACBLANE stopped getting methamphetamine from Angel and Jose.
In approximately May of 2010, Paco came back to Billings with Lee Navarro. Paco asked MACBLANE to continue to sell methamphetamine for him. MACBLANE agreed to distribute methamphetamine for Paco. Approximately two months later, Paco was in a serious car accident. Following the car accident, MACBLANE began receiving methamphetamine from Navarro directly for redistribution.
MACBLANE admitted he had customers wire him money on occasion to repay drug debts. MACBLANE admitted using his cellular telephone to communicate with Moldrem, Paco, and Navarro about drug dealing and drug debts. MACBLANE also admitted to receiving packages containing methamphetamine from Paco and Navarro at his personal residence.
The evidence would show that MACBLANE possessed with intent to distribute at least 500 grams of a substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, during his involvement in the conspiracy.
Francisco Flores-Jorge, Lee Navarro, Corina Moldrem and Jeri Lynn Milheim have all been convicted and sentenced for their roles in the offense.
MACBLANE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release .
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Jerome Bruce Seaman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on July 1, 2013, before Chief U.S. District Judge Dana L. Christensen, JEROME BRUCE SEAMAN, a 61-year-old resident of Poplar, appeared for sentencing. SEAMAN was sentenced to a term of:
Prison: 6 months
Special Assessment: $300
Supervised Release: 1 year
SEAMAN was sentenced in connection with his guilty plea to theft from an Indian tribal organization receiving federal grants.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
In Fiscal Year 2010 (October 1, 2009 - September 30, 2010), the Fort Peck Community College (FPCC) received $7,357,080 in federal funding and in Fiscal Year 2011 (October 1, 2010 - September 30, 2011), the College received $8,988,437 in federal funding. These amounts included math and science grants from the National Science Foundation (NSF), and the U.S. Departments of Education and Energy.
SEAMAN was a mathematics instructor and grant administrator at the Fort Peck Community College. SEAMAN's position at the FPCC as an instructor and grant administrator provided training and meeting opportunities designed to benefit the FPCC and enhance the benefits of the grants which SEAMAN administered. These opportunities required travel, which, since it was job related, was reimbursable from federal grants. SEAMAN submitted false records related to 12 trips he completed between December 2009 and March 2011. The investigation revealed that SEAMAN routinely made alternate travel plans, failed to attend any training or conferences for which the travel funding was provided, and made claims against federal and college finances as if he had not engaged in activities which were entirely for his own personal benefit and enrichment. SEAMAN used fabricated and falsified hotel receipts to support his claims for reimbursement. The total amount of travel funds he received, or otherwise benefitted from, related to those trips was approximately $19,359.23.
In addition to the travel advances and reimbursements paid to SEAMAN while he was on personal adventure, SEAMAN also received approximately $9,668.88 in wages from FPCC for the time periods covered by the 12 trips to which he would not have been entitled if the college was aware that he was on what amounted to unauthorized personal leave.
FPCC's former president advised that SEAMAN had admitted in meetings - when challenged about the fraudulent travel claims - that he knew the claims were false.
A former teacher for the Frazer School on the Fort Peck Indian Reservation became acquainted with SEAMAN when she and her school were involved in a supplemental math program named ALEKS (Assessment and LEarning in Knowledge Spaces), funded through a grant obtained by FPCC. SEAMAN was the grant administrator.
In February 2011, the Frazer teacher traveled to Anchorage, AK, at the same time SEAMAN traveled to Juneau, AK. They met on the way home at the Seattle airport and traveled together from there back to Montana. SEAMAN confided that he had a female friend who resided in Juneau and worked as an elementary or middle school teacher. When SEAMAN became aware that his travel claims were under investigation by the Office for Inspector General for the Department of Interior, and the FBI, he contacted the former teacher from Frazer. SEAMAN sent her an e-mail on March 15, 2012, at 1:26 p.m. in which SEAMAN stated only "Don't say anything, don't know anything : )."
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, and the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 28, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
BLAYNE KYLE BRADY, a 22-year-old resident of Lame Deer, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, BRADY faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by Bureau of Indian Affairs.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Liang Wang and Ke Xu Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on June 27, 2013, before U.S. District Judge Sam E. Haddon, LIANG WANG, a 25-year-old resident of San Gabriel, California, and KE XU, a 30-year-old resident of Monterey, California, were each sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Restitution: $76,398
Supervised Release: 3 years
They were sentenced in connection with their guilty pleas to wire fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
WANG, XU, and others stole credit cards and credit card account information and then used the information from the stolen credit cards to create counterfeit means of identification. The counterfeit means of identifications were then presented to merchants in Montana wherein the defendants impersonated the true credit card account holders and thereby used the credit cards to purchase gift cards and other merchandise without authorization.
On July 28, 2012, WANG rented an automobile in Alhambra, California. WANG, XU, and others then drove from California to Montana to commit their fraud. Upon reaching Helena on July 29, 2012, WANG, XU, and their co-conspirators entered local merchants such as Home Depot, Albertsons stores, Macy's Department Store, Target, Walmart, Staples, and Office Depot to make purchases with the counterfeit credit cards. Most of the items purchased by WANG, XU, and their co-conspirators were gift cards. The gift cards varied in value ranging from approximately $200, $500, $1,000, $1,500, to $1,800 in value.
WANG, XU, and their co-conspirators charged merchandise and goods on the victims' credit accounts until the account reached its credit limit. They then discarded the counterfeit credit cards. Some of these discarded cards were later found in trash.
After making all their purchases in Helena, WANG, XU, and their co-conspirators traveled that same day to Butte and/or Bozeman where they continued their fraudulent scheme. Evidence would have shown that the total value of the goods and merchandise purchased by members of the conspiracy using the counterfeit credit cards on July 29th totaled over $76,000.
In total, members of the conspiracy possessed and used more than 50 different means of identification to carry out their fraud scheme.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 27, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
TYE DUSTIN ALBRIGHT, a 41-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine the intent to distribute methamphetamine, and distribution of methamphetamine. He is currently detained. If convicted of these charges, ALBRIGHT faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Billings Drug Task Force.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Terry Lynn Braine Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 26, 2013, before Senior U.S. District Judge Jack D. Shanstrom, TERRY LYNN BRAINE, a 47-year-old resident of Ashland, pled guilty to domestic assault by a habitual offender. Sentencing has been set for September 25, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On November 29, 2012, BRAINE punched his elderly father in the eye causing severe swelling, redness, and a laceration. His elderly mother was present as well and suffered emotional trauma from witnessing the attack. BRAINE has four prior tribal court convictions for domestic assault - all of them involve assaults on his elderly parents.
The assault occurred in Lame Deer, which is within the exterior boundaries of the Northern Cheyenne Indian Reservation.
BRAINE faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Mike Alfons Campa and Suzette Gulyas Gal Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on June 25, 2013, in Helena, after a federal district court trial before U.S. District Judge Sam E. Haddon, MIKE ALFONS CAMPA, age 55, and SUZETTE GULYAS GAL, age 55, residents of Yorba Linda, California, were found guilty of contempt. Sentencing is set for August 26, 2013. They are currently detained.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
They each face possible penalties of 6 months in prison and a $5,000 fine.
The investigation was conducted by the Federal Bureau of Investigation.
Justin Carlton Whitman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 26, 2013, before U.S. District Judge Donald W. Molloy, JUSTIN CARLTON WHITMAN, a 31-year-old resident of Billings, was sentenced to a term of:
Prison: 77 months
Special Assessment: $100
Supervised Release: 3 years
WHITMAN was sentenced in connection with his guilty plea to possession with intent to distribute and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Big Sky Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, Eastern Montana HIDTA agents began performing electronic surveillance on Carlos Menjivar, an individual living in Billings. Investigators discovered that Menjivar began supplying the larger organization in late 2010 with methamphetamine.
During the investigation law enforcement learned that WHITMAN, a/k/a "Pounder", was a methamphetamine distributor for Menjivar from August of 2011 until about December of 2011.
WHITMAN was interviewed by law enforcement and admitted to selling methamphetamine for Menjivar. WHITMAN was normally provided with one or two ounces at a time. WHITMAN estimated he received meth from Menjivar five or six times in total. WHITMAN also admitted to having received meth from Menjivar's wife, Dawn Menjivar.
WHITMAN admitted to receiving at least 49 grams of methamphetamine but less than 50 grams of methamphetamine from the Menjivars during the course of the conspiracy. WHITMAN admitted he possessed the methamphetamine he received from the Menjivars
Carlos and Dawn Menijivar both pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITMAN will likely serve all of the time imposed by the court. In the federal system, WHITMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 25, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
JERRI ROWHER McCUBBINS, age 61, and SHAWN ANTHONY FERNANDEZ, age 48, residents of Butte, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. McCUBBINS is currently released on special conditions and FERNANDEZ is currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Paulette L. Stewart is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Butte-Silverbow Law Enforcement Agency.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Carlos Danilo Menjivar-Rojas Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 26, 2013, before U.S. District Judge Donald W. Molloy, CARLOS DANILO MENJIVAR-ROJAS, a 37-year-old resident of Riverton, Wyoming, was sentenced to a term of:
Prison: 168 months
Special Assessment: $100
Supervised Release: 5 years
MENIJIVAR-ROJAS was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In the spring of 2011, Eastern Montana HIDTA agents began performing electronic surveillance on MENIJIVAR-ROJAS (a/k/a "Chico"), an El Salvador National living in Billings. MENIJIVAR-ROJAS previously resided in northern California.
In June of 2011, MENIJIVAR-ROJAS was arrested for immigration violations. In early August of 2011, MENIJIVAR-ROJAS posted a bond to be released from ICE custody and returned to Billings.
In May of 2011, law enforcement learned the identity of several individuals that were distributing methamphetamine for MENIJIVAR-ROJAS. One individual interviewed by law enforcement admitted to selling methamphetamine for MENIJIVAR-ROJAS for three or four months. This individual saw MENIJIVAR-ROJAS with 8 or 9 pounds of methamphetamine in coffee cans in the back of his black Cadillac. MENIJIVAR-ROJAS charged the individual $1,200 for an ounce of methamphetamine. Additional witnesses linked MENIJIVAR-ROJAS to the distribution of numerous pounds of methamphetamine. Law enforcement corroborated the information about the individuals distributing for MENIJIVAR-ROJAS through searches of cellular telephones, recorded jail calls, and controlled purchases of methamphetamine.
When MENIJIVAR-ROJAS was arrested for immigration violations, his wife Dawn Menjivar and Armando Hernandez-Vaca continued to distribute methamphetamine to his sources and to collect drug debts on his behalf. Between the time of his arrest and the time of his release, MENIJIVAR-ROJAS was in daily contact with Dawn Menjivar. MENIJIVAR-ROJAS was giving Dawn Menjivar directions on who to collect money from, as well as who to "deal with."
Law enforcement learned through the investigation that MENIJIVAR-ROJAS distributed methamphetamine in Billings from May 2010 until late January of 2012. The conspiracy involved over 500 grams of methamphetamine.
Dawn Menijivar and Hernandez-Vaca pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MENIJIVAR-ROJAS will likely serve all of the time imposed by the court. In the federal system, MENIJIVAR-ROJAS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
ANGELA CORSON SMITH, a 32-year-old resident of Billings, appeared on charges of bank fraud, aggravated identity theft, false statements to a bank, and (5) counts of wire fraud scheme. She is currently detained. If convicted of these charges, SMITH faces possible penalties of 30 years in prison, a $1,000,000 fine, and 5 years supervised release on both the bank fraud charge and the false statements to a bank charge. She also faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on each charge of wire fraud scheme. In addition, SMITH faces an additional mandatory two year imprisonment, consecutive to any other sentence, for the aggravated identity theft. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the U.S. Secret Service.
GARY LEE PLENTY BUFFALO, a 26-year-old resident of Hardin, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, PLENTY BUFFALO faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each of the charges. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 24, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
KARRIE MARIE STOLTENBERG, a 39-year-old resident of Billings, appeared on a charge of possession with the intent to distribute methamphetamine. She is currently detained. If convicted of this charge, STOLTENBERG faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Task Force.
JAMIE LYNN STROSKY, a 33-year-old resident of Shepherd, appeared on charges of conspiracy to possess with the intent to distribute, possession with the intent to distribute methamphetamine, and distribution of methamphetamine. She is currently detained. If convicted of these charges, STROSKY faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Leland Neil Lapier, Jr. Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on June 20, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, LELAND NEIL LAPIER, JR., a 28-year-old resident of Great Falls, was found guilty of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. Sentencing is set for September 24, 2013.
At trial, the following evidence and testimony was presented to the jury.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
In January 2012, Great Falls law enforcement became alerted to a large scale methamphetamine conspiracy. Subsequently, Louis Kanyid, Joelle Jones, Ann Wetzel, Joe Wetzel, Mark Kness, Linda Reynolds, Robert Boucher, Ron Leeson, Tammie Lapie, and Mark Abresch have pleaded guilty to various methamphetamine crimes. Through independent investigation, as well as through debriefs of these defendants, law enforcement learned that LAPIER was also an active participant in this conspiracy and responsible for the distribution of methamphetamine throughout Great Falls.
From September 2011, through September 2012, Louis Kanyid brought pounds of actual (pure) methamphetamine from Kennewick, Washington, to Great Falls. Kanyid spoke with law enforcement and said one of his original contacts in Great Falls was LAPIER's sister. Kanyid met her through Craig's List, and she began to purchase and sell methamphetamine provided by Kanyid. Eventually, though, LAPIER took over her position. Kanyid found the methamphetamine market in Great Falls to be extremely profitable, and from April 2012, and forward, he never brought less than a pound of methamphetamine with him on each trip to Great Falls.
Kanyid regularly provided LAPIER with half of the methamphetamine that he brought to town. LAPIER lived with his girlfriend in Great Falls and he conducted his methamphetamine business from the garage. Customers met LAPIER and Kanyid in the garage so that neighbors would not witness the drug transactions. Kanyid paid his methamphetamine supplier $1,200 per ounce and never sold an ounce of methamphetamine in Great Falls for less than $2,000. Kanyid claimed an ounce of methamphetamine could actually be bought for $3,200 in Great Falls. At one point, Kanyid and LAPIER engaged in a contest to see how much methamphetamine each could sell in one day in Great Falls. According to Kanyid, himself and LAPIER made $6,000 each in one day.
In August 2012, Kanyid sold five pounds of methamphetamine in Great Falls, including two pounds directly to LAPIER. Law enforcement eventually seized approximately 38 grams of pure methamphetamine from Kanyid's hotel room.
Law enforcement also arrested Kanyid's girlfriend, Joelle Jones, for her involvement in this methamphetamine conspiracy. Jones later told agents that Kanyid spent a great amount of time with LAPIER. In fact, when police arrested Kanyid, LAPIER immediately called Jones to warn her of the arrest. Jones later took a taxi to LAPIER's house that night and LAPIER's girlfriend provided Jones with a car to drive back to Washington. Jones returned to Great Falls again a week later to meet with LAPIER. After Kanyid's arrest, LAPIER encouraged Jones to bring methamphetamine to him in Great Falls.
After a grand jury indicted Kanyid, Jones, Ann Wetzel, Joe Wetzel, Mark Kness, and Linda Reynolds, LAPIER turned elsewhere to buy methamphetamine. Following the initial indictment and arrests, LAPIER then turned to Robert Boucher in order to purchase methamphetamine.
Boucher was from Spokane, Washington, and began selling methamphetamine in December 2009. He originally made contact with Great Falls methamphetamine dealers through a female Great Falls resident, who traveled to Spokane to purchase methamphetamine. Mark Abresch also accompanied this woman on trips to Spokane. After approximately six months, Boucher began to travel to Great Falls to sell methamphetamine. He normally brought six to eight ounces of methamphetamine on each trip. Boucher stayed at Tammy Lapie's home, and became associated with selling methamphetamine with Lapie, Abresch, and Ron Leeson. Boucher also told agents that he met LAPIER in Great Falls. Boucher regularly sold LAPIER two ounces of methamphetamine at a time, and did that approximately three or four times. LAPIER paid $1,700 per ounce, and last bought methamphetamine from Boucher about one week before Boucher's arrest in December 2012.
Tammy Lapie told agents that LAPIER began to come to her home in October 2012. LAPIER began to look for larger amounts of methamphetamine and turned to Boucher for methamphetamine. Lapie believed LAPIER purchased one ounce of methamphetamine from Boucher on one occasion, and between one to four ounces of methamphetamine on another occasion. Law enforcement seized approximately 44 grams of actual methamphetamine from Lapie's home. Chris Leeson also told agents that people knew that Kanyid was LAPIER's original source of methamphetamine. Leeson once traded a car speaker to LAPIER for an eight ball of methamphetamine.
Mark Abresch originally worked as a confidential informant with the Great Falls Police Department before being dropped as an informant due to continued drug dealing. During the summer of 2012, Abresch bought approximately 60 grams of actual methamphetamine from Boucher through controlled drug buys. Abresch alerted agents in July 2012, that LAPIER always had methamphetamine in Great Falls. Abresch did not purchase methamphetamine from LAPIER because he charged $2,000 per ounce.
In September 2012, Abresch told agents that he had hung out at LAPIER's house on numerous occasions and saw LAPIER with large amounts of methamphetamine. In the spring of 2012, Abresch saw LAPIER with four to six ounces of methamphetamine. Abresch then saw numerous customers purchase the methamphetamine. During mid-summer 2012, Abresch observed Kanyid drop off a half pound of methamphetamine to LAPIER in LAPIER's garage. LAPIER again started distributing the methamphetamine from the garage. Lastly, in August or early September 2012, Abresch observed LAPIER sell four ounces of methamphetamine from his garage.
LAPIER faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force - Russell Country Drug Task Force.
Gayle Patrick Skunkcap, Jr., Jessie Jay St. Goddard, and Woodrow Jay Wells Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 20, 2013, before U.S. District Judge Dana L. Christensen, GAYLE PATRICK SKUNKCAP, JR., age 42, JESSIE JAY ST. GODDARD, age 50, and WOODROW JAY WELLS, age 45, residents of Browning, Montana, were each sentenced to a term of:
Probation: 3 years
Special Assessment: $200
Restitution: $56,625
They were sentenced in connection with their guilty pleas to violating the Lacey Act (illegal sale of tribal wildlife) and Theft from a Tribal Government Receiving Federal Funding.
In an Offer of Proof filed by Assistant U.S. Attorneys Carl E. Rostad and Ryan G. Weldon, the government stated it would have proved the following at trial:
All wildlife on the Blackfeet Indian Reservation are owned by the Blackfeet Indian Tribe. In managing such wildlife, hunting is allowed. Hunting by non-members on the Blackfeet Indian Reservation is a highly regulated activity. The 2010 and 2011 Blackfeet Regulations set forth the number of tags that may be given to non-members and the price of payment required for each tag. These tags are required, are limited in number, and are highly lucrative. There are only between five and ten hunting licenses for each big-game species available to non-tribal members each year, with each license costing between $1,500 and $12,000, depending on the animal.
SKUNKCAP, Jr., was the Director of the Blackfeet Fish and Wildlife Department, and ST. GODDARD and WELLS were Tribal Councilmen on the Blackfeet Tribal Business Council. In 2010 and 2011, the Blackfeet Fish and Wildlife Department received federal funding in excess of $220,000, each year.
Between 2010 and 2011, SKUNKCAP, ST. GODDARD, and WELLS held four big-game hunts for country musicians participating in an outdoors television show on the Blackfeet Indian Reservation without obtaining the limited and expensive hunting licenses for non-tribal members to shoot elk, moose, deer, and a black bear. They also used tribal funds and personnel to outfit and guide the musicians, television show hosts, and a fly fishing expert.
Michael W. Cotter, United States Attorney for Montana said, "These defendants were public officials of the Blackfeet Tribe and leaders in the community who used their positions to steal property from the Blackfeet Tribal Nation. Public corruption is a crime that will be prosecuted by the Montana United States Attorney's Office whenever it occurs and wherever it is discovered. This prosecution is an example of great investigative collaboration between the U.S. Fish and Wildlife Service, The Federal Bureau of Investigation, and the Blackfeet Internal Affairs Office."
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 19, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
JOSHUA HAMPTON MURPHY, a 29-year-old resident of Flint, Michigan, appeared on charges of conspiracy to distribute heroin and possession with the intent to distribute heroin. He is currently detained. If convicted of these charges, MURPHY faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine and 4 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Missouri River Drug Task Force.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 20, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
DONALD WILLIAM FORREST, a 51-year-old resident of Butte, appeared on a charge of possession with the intent to distribute methamphetamine. He is currently released on special conditions. If convicted of this charge, FORREST faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was a cooperative effort between the Montana Division of Criminal Investigation and the Drug Enforcement Administration.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Heather Louise Manyen Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 20, 2013, before U.S. District Judge Sam E. Haddon, HEATHER LOUISE MANYEN, a 32-year-old resident of Laurel, was sentenced to a term of:
Prison: 34 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 5 years
MANYEN was sentenced in connection with her guilty plea to conspiracy to possess methamphetamine with intent to distribute and distribution.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was Julie Rozell. Rozell admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was HEATHER MANYEN.
During the investigation law enforcement learned that HEATHER MANYEN was a distributor of methamphetamine for Rozell from approximately March 2011, and continuing thereafter until late January 2012. HEATHER MANYEN worked with Frank Manyen to distribute the methamphetamine obtained from Rozell. HEATHER MANYEN and Frank Manyen together distributed the methamphetamine they obtained from Rozell in the greater Billings area. HEATHER MANYEN and Frank Manyen obtained approximately 700 grams of methamphetamine from Rozell, which they in turn distributed to their own customers.
Frank Manyen and Julie Rozell pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MANYEN will likely serve all of the time imposed by the court. In the federal system, MANYEN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Fabio Noel-Rodriguez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 19, 2013, before U.S. District Judge Sam E. Haddon, FABIO NOEL-RODRIGUEZ, age 37, was sentenced to a term of:
Prison: 148 months
Special Assessment: $ 100
Supervised Release: 5 years
NOEL-RODRIGUEZ was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On the evening of January 24, 2011, the Yellowstone County Sheriff's Office (YCSO) received a phone call from a desk clerk at a hotel in Lockwood. The desk clerk told law enforcement that a man and woman had just checked into the motel using a stolen driver's license. In a twist of fate, only possible in a state like Montana, the desk clerk was a friend of the woman whose identification was stolen earlier on the same day and recognized the license immediately when it was presented by the female upon check in.
Deputies were sent to the motel and spoke with the desk clerk. The desk clerk provided law enforcement with a copy of the Wyoming ID card used for check-in. The desk clerk also provided law enforcement with a copy of the room registration receipt that showed the vehicle listed as belonging to the male and female that rented the room. The vehicle was listed as having a Florida license plate.
A deputy went to the parking lot and drove through it looking for a Florida license plate. As he approached the rear of the motel the deputy saw a vehicle with a Florida license plate beginning to leave the motel parking lot. There were no other vehicles in the motel parking lot with a Florida license plate. The vehicle was pulled over.
The driver of the car was identified as NOEL-RODRIGUEZ. The passenger was identified as Michelle Steinfeldt. NOEL-RODRIGUEZ was arrested for driving without a driver's license. The car was secured and later a drug sniffing K9 was run around the car. The dog alerted for the odor of narcotics. A search warrant was obtained for the vehicle. Law enforcement found four cellular telephones, two packages containing 266.4 grams of pure methamphetamine, $3,909 in cash, a digital scale with methamphetamine residue, ziploc bags, and a lap top. The cash, the drugs and the digital scale were found in a hidden, false compartment in the vehicle.
Steinfeldt pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NOEL-RODRIGUEZ will likely serve all of the time imposed by the court. In the federal system, NOEL-RODRIGUEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Krista Little Head Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 19, 2013, before U.S. District Judge Sam E. Haddon, KRISTA LITTLE HEAD, a 28-year-old former resident of Billings, was sentenced to a term of:
Prison: 125 months
Special Assessment: $100
Supervised Release: 4 years
LITTLE HEAD was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
The government stated it would have proved at trial the following:
On December 8, 2011, members of the Big Sky Safe Streets Task Force (BSSSTF) along with members of the Eastern Montana High Intensity Drug Trafficking Area (EMHIDTA) conducted a controlled drug purchase using a confidential informant (CI). The CI stated LITTLE HEAD could purchase one (1) ounce of methamphetamine for $2,300 from a Hispanic male who goes by the name "Ramiro." The CI arranged to meet LITTLE HEAD at a casino in downtown Billings. The CI met LITTLE HEAD and then both met with "Ramiro" inside the casino. All subjects left the casino and got into a vehicle driven by LITTLE HEAD, traveled a short distance, and met with another subject who was the source. The source was driving a Jeep. The CI said "Ramiro" got out of LITTLE HEAD's vehicle and into the Jeep. "Ramiro" returned to LITTLE HEAD's vehicle and placed a plastic baggie that contained the methamphetamine inside, and said, "all there, it's all weighed." The CI handed "Ramiro" $2,300 for the drugs and they parted ways. The methamphetamine's actual weight was 26.4 grams and 63.8% purity.
On December 9, 2011, another deal was set up using the same CI. LITTLE HEAD agreed to sell the CI one (1) ounce of methamphetamine for $2,300. It was also agreed LITTLE HEAD would receive $100 for "middling" the deal. The CI met LITTLE HEAD at a different casino in Billings. The CI got into LITTLE HEAD's vehicle and they drove to the another casino where they met with "Ramiro." The money was exchanged for the one ounce of methamphetamine and they parted ways. The methamphetamine's actual weight was 27.7 grams and 61.4% purity.
Agents identified "Ramiro" as Ismael Zamora and he has subsequently been prosecuted. When questioned, LITTLE HEAD admitted her role in the conspiracy and distributions, indicating that she met Zamora in November 2011, and helped him distribute methamphetamine in Billings and elsewhere. She admitted to the two distributions to the CI, and also said that she sold smaller amounts of methamphetamine for him as well, usually $100 deals on 6-10 occasions, and delivered methamphetamine from Zamora to another person three times for $700, $400 and $200. LITTLE HEAD's dealings with Zamora ended in January 2012 because she owed him money for methamphetamine and was not able to pay.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LITTLE HEAD will likely serve all of the time imposed by the court. In the federal system, LITTLE HEAD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Billings Big Sky Safe Streets Task Force.
Kerry Lynn Van Haele Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 19, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KERRY LYNN VAN HAELE, a 29-year-old resident of Billings, was sentenced to a term of:
Prison: 46 months
Special Assessment: $100
Supervised Release: 4 years
VAN HAELE was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In January 2010, agents began investigating a methamphetamine distribution cell out of Las Vegas, Nevada, that was involved in the trafficking of high-purity methamphetamine to Billings. Throughout the course of the investigation, agents learned the identities of members in the criminal organization and began conducting interviews with them.
Agents were advised by numerous sources connected to the distribution of methamphetamine that VAN HAELE was one of the subjects obtaining methamphetamine from "X.X." and his organization, and that she was involved in the re-distribution of the drug. These activities took place on or about May 2010 until September 2010, and occurred within the State of Montana.
Co-conspirators with knowledge of VAN HAELE's activities advised that VAN HAELE allowed at least one package containing methamphetamine to be delivered to her residence. The methamphetamine was then re-distributed.
VAN HAELE admitted to obtaining between one (1) and two (2) pounds of methamphetamine from "X.X." during approximately May 2010 and September 2010. VAN HAELE admitted to re-distributing the methamphetamine she obtained.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VAN HAELE will likely serve all of the time imposed by the court. In the federal system, VAN HAELE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force, the Drug Enforcement Administration, and the U.S. Department of Homeland Security - Homeland Security Investigations.
Armando Hernandez-Vaca Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 19, 2013, before Senior U.S. District Judge Jack D. Shanstrom, ARMANDO HERNANDEZ-VACA, a 25-year-old resident of Billings, was sentenced to a term of:
Prison: 70 months
Special Assessment: $100
Supervised Release: 5 years
HERNANDEZ-VACA was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement.
During the investigation law enforcement learned that HERNANDEZ-VACA delivered methamphetamine to C.M., his co-conspirator, D.M., and several other individuals from approximately April 2011 to October 2011. HERNANDEZ-VACA regularly transported two to three pounds of methamphetamine per trip during his involvement in the conspiracy.
In approximately July of 2011, C.M. was incarcerated on non-drug related charges. D.M. took over the distribution of methamphetamine and collection of money for the organization. HERNANDEZ-VACA also came back to Billings during the same time to bring more methamphetamine and to make sure D.M. could continue the distribution of methamphetamine in the area. Following C.M.'s arrest, HERNANDEZ-VACA became more involved in the actual distribution of methamphetamine to C.M.'s network of distributors and began to collect drug debts from C.M.'s customers.
During the course of his involvement in the conspiracy, HERNANDEZ-VACA distributed over 500 grams of a mixture containing a detectable amount of methamphetamine from places outside of the state of Montana into the Yellowstone County area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HERNANDEZ-VACA will likely serve all of the time imposed by the court. In the federal system, HERNANDEZ-VACA does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Vern Thomas Gardipee Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Strong, VERN THOMAS GARDIPEE, a 49-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, pled guilty to sexual abuse of a minor. Sentencing has been set for September 25, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 27 and 28, 2012, GARDIPEE sexually abused a young girl. GARDIPEE got into bed with the victim and sexually abused her. The victim tried to get away from GARDIPEE and eventually got GARDIPEE to stop his advances but not until after sexual contact occurred.
GARDIPEE faces possible penalties of 15 years in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
Shyann Marie Dupree Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Strong, SHYANN MARIE DUPREE, a 36-year-old resident of Poplar and an enrolled member in a federally-recognized tribe, pled guilty to burglary. Sentencing has been set for September 25, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On April 18, 2012, DUPREE broke into a house on the Fort Peck Indian Reservation with three others when they knew the homeowner was out of town. The group stole televisions, jewelry, and other items. DUPREE admitted to entering the house and filling a suitcase with purses, while others removed televisions and placed them in a vehicle waiting outside the house. DUPREE admitted that another individual helped her sell the purses and that DUPREE used the money to buy pills.
DUPREE faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division and the Poplar Police Department.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Stron, the following individual was arraigned:
DUANE ANTONIO MARTELL, a 23-year-old resident of Poplar, appeared on charges of (2) counts of assault with a dangerous weapon and (1) count of assault resulting in serious bodily injury within the exterior boundaries of the Fort Peck Indian Reservation. He is currently detained. If convicted of these charges, MARTELL faces possible penalties of 10 years in prison, a $250,000 fine, and 5 years supervised release on each count. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Poplar Police Department.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
FAWN HAHN TADIOS, a 41-year-old resident of Box Elder, appeared on charges of Counts I & II: Theft from an Indian Tribal Organization Receiving Federal Grants, Count III: Theft from an Indian Tribal Organization, and Count IV: Theft from a Health Care Facility. TADIOS is currently released on special conditions. If convicted of these charges, TADIOS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on Counts I, II, and IV. On Count III, TADIOS faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Health and Human Services - Office of Inspector General and the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
David Wayne Lawrence Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 17, 2013, before Chief U.S. District Judge Dana L. Christensen, DAVID WAYNE LAWRENCE, a 47-year-old resident of Great Falls, was sentenced to a term of:
Prison: 65 months, consecutive to another sentence
Special Assessment: $100
Supervised Release: 3 years
LAWRENCE was sentenced in connection with his guilty plea to to possession of methamphetamine with intent to distribute.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
LAWRENCE was involved with several other individuals in a conspiracy that involved the distribution of methamphetamine from Spokane, Washington to Great Falls. One of the individuals was based in Great Falls and periodically traveled with certain associates to Spokane, picked up methamphetamine, then took the drug back to Great Falls. He then distributed the drugs through a network of drug dealers in Great Falls.
LAWRENCE was one of the subordinate drug dealers. LAWRENCE lived at a residence in Great Falls with two other individuals and all three distributed methamphetamine from the residence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAWRENCE will likely serve all of the time imposed by the court. In the federal system, LAWRENCE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration and the Great Falls Police Department.
Aloysious Wells Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 17, 2013, before Chief U.S. District Judge Dana L. Christensen, ALOYSIOUS WELLS, a 25-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 20 months
Special Assessment: $100
Supervised Release: 10 years
WELLS was sentenced in connection with his guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In 2009, WELLS went to a house in Heart Butte, which is on the Blackfeet Indian Reservation. He entered the living room and the victim, who was under the age of 12 at the time, was laying on the sofa. He sat down beside her and began to sexually abused her.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WELLS will likely serve all of the time imposed by the court. In the federal system, WELLS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Abel “Alex” Alvarez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before Chief U.S. District Judge Dana L. Christensen, ABEL "ALEX" ALVAREZ, a 51-year-old resident of Box Elder, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Supervised Release: 10 years
ALVAREZ was sentenced in connection with his guilty plea to aggravated sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
In late spring of 2011, ALVAREZ had unlawful sexual contact with a 9-year-old child. The incident happened on the Rocky Boy's Indian Reservation and the child is an enrolled tribal member.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALVAREZ will likely serve all of the time imposed by the court. In the federal system, ALVAREZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 13, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, ALEXANDER faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 13, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
VANDA KAY BISHOP, a 31-year-old resident of Billings, appeared on a charge of theft of mail. She is currently released on special conditions. If convicted of this charge, BISHOP faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the U.S. Postal Inspection Service.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Antonio Mathias Peterson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on June 13, 2013, before Senior U.S. District Judge Charles C. Lovell, ANTONIO MATHIAS PETERSON, a 30-year-old resident of East Helena, was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Restitution: $63,410
Supervised Release: 3 years
PETERSON was sentenced in connection with his guilty plea to social security fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
Beginning on April 8, 2008, and continuing into December 2011, PETERSON ed and failed to disclose that he had been convicted of a felony offense and that his son was not in his care and custody.
On April 8, 2008, PETERSON applied for surviving spouse with child in care benefits. He also applied for auxiliary survivor benefits on behalf of his minor son, AP, and to be his representative payee. The claims were based on the death of his spouse Kelli Renee Peterson. PETERSON made false statements regarding his and AP's living arrangements.
On April 13, 2008, the SSA sent PETERSON a "Notice of Award" letter designating PETERSON as the representative payee for AP's benefits and awarding his parent in care benefits. Accompanying the letter were two SSA pamphlets entitled "What you need to know when you get retirement or survivors benefits" and "A Guide for Representative Payees." The letter and pamphlets clearly explained PETERSON's legal reporting responsibilities regarding events affecting eligibility to payments.
PETERSON began receiving auxiliary survivor benefits for AP and for himself as a surviving spouse with a child in care, paid retroactively from March 2008 through December 2011.
On September 25, 2009, October 28, 2009, and September 22, 2010, PETERSON completed and signed various Social Security forms stating that AP resided with him and he used all the SSA benefit money for AP. But AP actually resided with his grandparents during the specified periods.
Agents interviewed the grandmother who stated that she had custody of AP since March 2008. She paid AP's living and healthcare expenses. AP was enrolled in school with the grandparents as the primary points of contact. The grandparents never received any financial support from PETERSON for AP. The grandmother was unaware that PETERSON was receiving Social Security benefits on behalf of AP.
On March 12, 2009, the grandparents were appointed as legal guardians of AP by the First Judicial District Court, Lewis & Clark County.
In December 2010, PETERSON was arrested for felony DUI and was incarcerated from 12/22/10 to 6/20/2011. PETERSON did not report this event to the SSA.
Agents interviewed PETERSON at his residence and he acknowledged his Social Security benefits application and admitted that he understood his legal reporting requirements to the SSA for events affecting eligibility to benefits. These included the custody and living arrangements of AP and his prior incarceration. He admitted that he knew he was required to report these events because they might affect his eligibility for continued SSA payments. PETERSON also estimated that the grandparents had custody of AP at least 70% of the time and he would take AP sometimes on weekends.
In approximately August 2008, PETERSON purchased a house in East Helena, and used AP's benefits to pay the mortgage payments.
AP's change in living arrangements, change in address, and PETERSON's incarceration were events required to be reported to the SSA because these events would affect his eligibility for benefits. PETERSON's failure to report resulted in an overpayment of Social Security benefits to which PETERSON would not have otherwise been entitled.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PETERSON will likely serve all of the time imposed by the court. In the federal system, PETERSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Creston Kindness Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 12, 2013, before U.S. Magistrate Judge Keith Strong, CRESTON KINDNESS, a 30-year-old resident of Fort Hall, Idaho, and an enrolled member of a federally-recognized tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for September 25, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
KINDNESS became agitated when the victim did not tell him where his girlfriend was so he shot the victim in the leg with a .40 caliber Smith and Wesson handgun. The handgun was found in the bathroom, where KINDNESS had been when he was apprehended by tribal law enforcement.
The bullet went through the victim's leg and she was hospitalized for two nights. The bullet, that was retrieved at the crime scene, had mushroomed.
The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
KINDNESS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Christopher Anthony Quinn Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 12, 2013, before Chief U.S. District Judge Dana L. Christensen, CHRISTOPHER ANTHONY QUINN, a 49-year-old resident of Troy, was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Forfeiture: laptops and thumb drives
Supervised Release: 15 years
QUINN was sentenced in connection with his guilty plea to distribution of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In March 2012, the Missoula Police Department, a member of the Montana Internet Crimes Against Children Task Force, investigated QUINN for trading child pornography via the Internet.
During the investigation, the detective determined that on February 6, 2012, QUINN utilized his email address and laptop to e-mail an image to a yahoo e-mail account. The image depicts child pornography in that it depicts two minor girls engaged in sexually explicit conduct. The image displays the lascivious exhibition of one of the girls' pubic area or genitalia. That e-mail text was: "I have some different sets. Here are a few samples. Just let me know what you like."
A search warrant for QUINN's residence in Lincoln County was obtained and numerous items were seized.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that QUINN will likely serve all of the time imposed by the court. In the federal system, QUINN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missoula Police Department, the Missoula County Sheriff's Office, the Bozeman Police Department, the U.S. Department of Homeland Security - Homeland Security Investigations, and the Internet Crimes Against Children (ICAC) Task Force.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Marlys Young Running Crane Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 10, 2013, before Chief U.S. District Judge Dana L. Christensen, MARLYS YOUNG RUNNING CRANE, a 59-year-old resident of Browning, appeared for sentencing. YOUNG RUNNING CRANE was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Supervised Release: 1 year
YOUNG RUNNING CRANE was sentenced in connection with her guilty plea to misprision of a felony.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
Beginning in November 2010, Louis Romero, Henry Lopez, and several other individuals facilitated the distribution of methamphetamine in Browning and Great Falls.
During this time, YOUNG RUNNING CRANE had full knowledge that several of the other individuals were all involved in illegal methamphetamine distribution. YOUNG RUNNING CRANE failed to notify any authorities of these illegal activities. In fact, when law enforcement questioned YOUNG RUNNING CRANE, she provided an untruthful statement that this drug activity was not occurring, which in effect, concealed the crime.
Romero and Lopez pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YOUNG RUNNING CRANE will likely serve all of the time imposed by the court. In the federal system, YOUNG RUNNING CRANE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Violent Crimes Task Force.
Irving Spotted Eagle, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in
Great Falls, on June 10, 2013, before U.S. Magistrate Judge Dana L. Christensen, IRVING SPOTTED EAGLE, JR., a 27-year-old resident of Billings and an enrolled member of the Blackfeet Tribe of Indians, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for September 26, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On November 12, 2011, SPOTTED EAGLE was so angry that S.T. would not return his amorous advances that he pinned her against a wall in his house and repeatedly punched her until his knuckles started to bleed. As she tried to flee the house, SPOTTED EAGLE grabbed S.T. by the hair and continued assaulting her. He did not stop until a neighbor began yelling at him to stop. S.T. was transported to the hospital, where she was treated for a concussion, nasal bone fracture, and blunt force trauma to her face.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
SPOTTED EAGLE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Blackfeet Law Enforcement.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
JOSHUA DAVID CARRENO, a 29-year-old resident of Shepherd, appeared on charges of possession with the intent to distribute prescription drugs and possession of stolen firearms. He is currently detained. If convicted of these charges, CARRENO faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration.
ARIK ALAN MACBLANE, a 33-year-old resident of Glendive, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, MACBLANE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
ADAM RONALD TOTTEN, a 34-year-old resident of Billings, appeared on a charge of possession of stolen mail. He is currently detained. If convicted of this charge, TOTTEN faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the U.S. Postal Inspector Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 11, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
JESS JAMES RUTHERFORD, JR., a resident of Browning, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, RUTHERFORD faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
DUSTIN JAY AFTER BUFFALO, age 21, and MICHAEL THOMAS BAD OLD MAN, age 21, residents of Browning, appeared on a charge of burglary. They are currently detained. If convicted of these charges, they each face possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Blackfeet Law Enforcement Services.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 11, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
IRENE PASTER, age 66, and YOLANDA PASTER, age 41, residents of Big Sky, appeared on charges of conspiracy to structure currency transactions with domestic financial institutions for the purpose of evading IRS currency transaction reports and currency structuring. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
MICHAEL CONNELLY, SR., a 56-year-old resident of Browning, appeared on charges of sexual abuse, deprivation of rights under color of law, and making a false statement to a federal officer. He is currently released on special conditions. If convicted of these charges, CONNELLY faces possible penalties of life in prison for the sexual abuse count, 1 year in prison for the deprivation of rights under color of law count, and 8 years in prison for the false statement to a federal officer count. He also faces a $250,000 fine and lifetime supervision. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Franklin Troy Caplette Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 10, 2013, before Chief U.S. District Judge Dana L. Christensen, FRANKLIN TROY CAPLETTE, a 28-year-old resident of Havre, was sentenced to a term of:
Prison: 62 months
Special Assessment: $100
Supervised Release: 4 years
CAPLETTE was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
CAPLETTE had been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into CAPLETTE in 2010.
Several witnesses would have testified that they purchased methamphetamine numerous times from CAPLETTE between 2010 and August 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CAPLETTE will likely serve all of the time imposed by the court. In the federal system, CAPLETTE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Havre Police Department.
Corwin Dallas Four Star Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in
Great Falls, on June 10, 2013, before U.S. Magistrate Judge Keith Strong, CORWIN DALLAS FOUR STAR, a 19-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, pled guilty to sexual abuse. Sentencing has been set for September 26, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early morning hours of March 4, 2012, FOUR STAR got on top of the victim as she was sleeping and choked her to the point that she lost consciousness. He then sexually abused her. When the victim regained consciousness, she started screaming and trying to push him off. FOUR STAR held her arms down and punched her in the face.
The offense occurred within the exterior boundaries of the Fort Peck Indian Reservation.
FOUR STAR faces possible penalties of life in prison, a $250,000 fine and lifetime supervision..
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Billie Joe Bullshields Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 11, 2013, before Chief U.S. District Judge Dana L. Christensen, BILLIE JOE BULLSHIELDS, a 29-year-old resident of Browning, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 4 years
BULLSHIELDS was sentenced in connection with his guilty plea to distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
Beginning in November 2010, Louis Romero, Henry Lopez, and X.X., facilitated the distribution of methamphetamine to Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. Z.Z. and a confidential informant (CI) assisted Romero, Lopez, and X.X., by transporting the methamphetamine to Browning. The CI made his first trip to Browning in approximately January 2011, and continued to make trips to Browning for several months to sell methamphetamine.
Z.Z. and his mother normally picked the CI up at the train station. Z.Z.'s mother assisted the CI in setting up his narcotics shop in her house. On the CI's first trip to Browning, the CI, Z.Z., and Z.Z.'s mother sold approximately a half pound of methamphetamine from Z.Z.'s mother's house. On another trip, a quarter pound of methamphetamine was sold.
Due to the success of selling methamphetamine in Browning, Z.Z. and the CI were also recruited to sell methamphetamine to numerous people in Great Falls. The CI rewarded Z.Z.'s mother's help in selling methamphetamine by buying her a new Ford Explorer, as well as providing her with groceries and living expenses. During this time, BULLSHIELDS also became involved in purchasing methamphetamine from the CI. BULLSHIELDS resold the methamphetamine she purchased from the CI for profit.
The CI met Deanna Wells during the CI's third trip to Browning. Wells accompanied the CI to Great Falls to sell more methamphetamine. They received a large amount of cash during this trip. The CI and Wells regularly deposited cash received from drug deals for cashier's checks, and mailed the checks back to Romero, Lopez, and X.X.
During April 2011, the CI, Z.Z., BULLSHIELDS, and Wells purchased and distributed approximately one pound of methamphetamine throughout Browning and Great Falls. At one point, the CI and Wells drove to Great Falls and rented a motel room where they sold methamphetamine. Shortly thereafter, at the beginning of May, the CI possessed almost two pounds of methamphetamine which the CI began to sell out of Z.Z.'s mother's house. Z.Z. purchased some of this methamphetamine. Z.Z. and BULLSHIELDS regularly purchased the methamphetamine in larger quantities to break down into smaller quantities to re-sell around town. The CI, Wells, BULLSHIELDS, and Z.Z. finished business in Browning and headed to Great Falls with the remaining methamphetamine. BULLSHIELDS took a backpack of methamphetamine into a motel, while the CI and Z.Z. remained outside.
Z.Z. and the CI were ultimately arrested in the parking lot of the motel. Police stopped and found Z.Z. attempting to hide methamphetamine under a nearby car. Police then seized over 50 grams of pure (actual) methamphetamine. After Z.Z. and the CI were arrested, Wells and BULLSHIELDS returned to the hotel room where they retrieved the additional hidden methamphetamine.
From November 2010 until May 2011, BULLSHIELDS distributed 50 or more grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BULLSHIELDS will likely serve all of the time imposed by the court. In the federal system, BULLSHIELDS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Regional Violent Crimes Task Force.
Sonny Lionel Crazymule Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on June 5, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, SONNY LIONEL CRAZYMULE, a 34-year-old resident of Lame Deer, was found guilty of aiding and abetting assault resulting in serious bodily injury. Sentencing is set for September 13, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
On the evening of November 16, 2011, the victim was in a tent with a woman in the yard of his mother's home in Lame Deer, which is within the exterior boundaries. The victim heard someone approach the tent and tell him that another woman "S.S." wanted to talk to him. The victim had made plans to be with "S.S." that night, but the victim had not showed up. The victim tried to get out of the tent, and he did get the tent door unzipped, but he was immediately struck in the head with something. The victim did not see who struck him. He lost consciousness, almost immediately, and he did not wake up until later.
The victim's brother was sleeping in the mother's home. He woke up when he heard a commotion outside of the house, and he saw two figures walking away.
After the assault, CRAZYMULE went to the house of "X.X.". CRAZYMULE was covered in blood and told "X.X." that he thought he killed someone. CRAZYMULE then took a shower and changed his clothes.
A few days later on December 1, 2011, CRAZYMULE approached two friends of "Z.Z.'s" at the Cheyenne depot, the local convenience store. CRAZYMULE told them to tell "Z.Z." that "Z.Z." better take the blame for the assault because he is a juvenile.
CRAZYMULE was interviewed. He initially denied any involvement in the assault and refused to admit that he was even at the location of the assault. He then changed his story and admitted that he was present, but he portrayed "Z.Z." as the aggressor. CRAZYMULE claimed that he had to jump on the victim to protect him from "Z.Z.'s" blows. CRAZYMULE also said that "Z.Z." struck the victim with a folding chair three or four times and that during this time he was on the victim protecting him from the blows.
Z.Z." was interviewed. He admitted that he walked to the victim's tent with CRAZYMULE and "S.S.". He asserted that both he and CRAZYMULE assaulted the victim, but it was CRAZYMULE who "went in and beat [the victim]." "Z.Z." admits that he hit the victim with a chair.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
CRAZYMULE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Steven Patrick Garcia, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 6, 2013, before U.S. District Judge Sam E. Haddon, STEVEN PATRICK GARCIA, JR., a 36-year-old resident of San Jose, California, appeared for sentencing. GARCIA was sentenced to a term of:
Prison: 24 months
Special Assessment: $200
Restitution: to be determined
Supervised Release: 3 years
GARCIA was sentenced in connection with his guilty plea to trafficking in eagle/hawk feathers.
In an Offer of Proof filed by Georgiann G. Cerese, Senior Trial Attorney for the United States Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Mark S. Smith, the government stated it would have proved at trial the following:
GARCIA maintained an account with MySpace beginning in early 2006. In November and December 2008, GARCIA communicated with an individual in California via MySpace, and later sold the individual hawk feathers for $200 and a golden eagle feather for $25. Within a November 30, 2008 MySpace message, GARCIA provided a P.O. Box in Lame Deer as the location to send payment for these feathers.
Western Union records show a $225 payment from the California purchaser to GARCIA on December 1, 2008. GARCIA provided the tracking number for the package of feathers in a MySpace message on December 2, 2008. The California purchaser was interviewed by a U.S. Fish & Wildlife Service Special Agent, and voluntarily abandoned the hawk feathers sold by GARCIA. The hawk feathers were forensically identified as twelve tail feathers of either ferruginous hawk or red-tailed hawk.
In January 2009, an undercover Fish & Wildlife Service Special Agent ("SA") sent GARCIA a MySpace friend request. GARCIA responded, ". . . When you add me, check out what I have in stock now. . ." The SA observed approximately seventy photographs of migratory birds on GARCIA's MySpace. Most of the feathers were un-worked tail feathers and included feathers of bald eagles, golden eagles, ferruginous hawks, rough-legged hawks and northern flickers.
On January 27, 2009, the SA inquired with GARCIA about a rough-legged hawk tail and a bald eagle tail on GARCIA's MySpace page. GARCIA replied that the "bald is gone" and gave a price of $100 for the rough-legged hawk.
On January 28, 2009, the SA asked if GARCIA had any other bald eagle tails available and asked about prices for hawks. GARCIA provided prices for ferruginous and rough-legged hawk tails, and said that "BE tails or wings are on there [sic] way." The SA wrote that he wanted to purchase "ferruginous tail number 2 for 150" and "winterhawk tail number 8 for 100." Rough-legged hawks are commonly called winterhawks. GARCIA agreed to sell the two hawk tails for $250 and suggested that they "wait till I get a baldie in before I take any funds . . . I have one now just haven't cleaned it up yet . . . SO I'll let you know by this weekend so I can clean it and see if it's worthy of selling . . ." GARCIA wrote "My assasins [sic] thank you. They are using the money to pay for graduation stuff and what not . . ." The SA mailed a money order to GARCIA in Lame Deer on January 30, 2009. On February 7, 2009, the SA received twelve ferruginous hawk and twelve rough-legged hawk tail feathers.
On February 18, 2009, GARCIA made the following offers to sell to the SA: "the first set of golden wings is 400," "the all white tail 350," "the bald set of wings is 300. . ." GARCIA also stated ". . . [t]he winter season is over so the birds will not be coming in to [sic] regularly . . . everyone is holding on to the secret stash box to charge high prices this pow wow season . . ." The SA replied that he would take the "first set of golden wings" for $400. On February 18, 2009, GARCIA stated that he "just made a call to my assasins [sic] from up north and they are going to see what they can find for me . . ." GARCIA provided his P.O. Box number in Lame Deer, and the SA mailed a money order to GARCIA on February 19, 2009.
On February 28, 2009, the SA received golden eagle wing feathers (one set of two wings) which he had purchased from GARCIA for $400. The feathers were later forensically identified as wing feathers of a subadult golden eagle.
GARCIA was interviewed by U.S. Fish & Wildlife Service agents on March 11, 2009. During the interview, GARCIA acknowledged he could not legally possess feathers because he was not an enrolled member of a federally recognized tribe. GARCIA had known for fifteen years that it was illegal to sell, kill and buy eagles and other birds. GARCIA had known for the past five years that it was illegal to trade eagles and other birds.
The protection of Montana's wildlife, including migratory birds, is a priority of the U.S. Attorney's Office for the District of Montana. Today's prosecution and sentence demonstrate that individuals that attempt to profit from the unlawful taking of golden eagles, bald eagles, hawks, and all other migratory birds will be investigated, prosecuted, and punished accordingly." U.S. Attorney for the District of Montana, Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARCIA will likely serve all of the time imposed by the court. In the federal system, GARCIA does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the U.S. Fish and Wildlife Service.
Sherron Grace American Horse Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 5, 2013, before U.S. District Judge Sam E. Haddon, SHERRON GRACE AMERICAN HORSE, a 38-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 46 months
Special Assessment: $200
Supervised Release: 3 years
AMERICAN HORSE was sentenced in connection with his guilty plea to involuntary manslaughter and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 22, 2012, law enforcement responded to a car crash on the Northern Cheyenne Indian Reservation at approximately 1:00 p.m. The officers found one deceased passenger lying outside of the car. Several other passengers were also at the scene and suffered minor to severe injuries. All at the scene identified AMERICAN HORSE as the driver.
While taking photographs at the scene, the officers saw footprints leading away from the crash site and followed them. They found AMERICAN HORSE lying near the road. She appeared to be sleeping. The officers woke her up to determine if she needed medical attention. As she sat up, an unopened can of malt liquor was under her body. Her speech was slurred.
AMERICAN HORSE was taken by ambulance to the Lame Deer Clinic and later treated at the Billings Clinic. A blood alcohol sample was taken some hours after the crash and registered a .169.
AMERICAN HORSE was interviewed several days later. She admitted that she had been drinking and driving at the time of the crash. Through her admissions, the statements of the surviving passengers, and the investigation at the scene, law enforcement learned that AMERICAN HORSE was very drunk, lost control of the car, and rolled the car at least four times. She caused the death of one passenger and another passenger suffered a spinal injury that has resulted in partial paralysis.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that AMERICAN HORSE will likely serve all of the time imposed by the court. In the federal system, AMERICAN HORSE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Erin Ruth Smith Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 5, 2013, before U.S. District Judge Sam E. Haddon, ERIN RUTH SMITH, a 21-year-old resident of Wyola and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 46 months
Special Assessment: $300
Restitution: to be determined
Supervised Release: 3 years
SMITH was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 31, 2012, at approximately 8:30 a.m., SMITH was driving (alone) on the Crow Indian Reservation and then went onto Interstate 90. However SMITH was going the wrong way (eastward in the west-bound lanes). SMITH crashed head-on into a vehicle driven by F.H.M. F.H.M. had moved to the passing lane because he was trying to pass a Suburban. F.H.M.'s wife, L.M., along with two other passengers, B.B.C. and L.C., were critically injured in the crash. F.H.M. was not seriously injured and was released from the hospital later that day. Both L.M. and B.B.C. underwent emergency surgeries on the day of the crash. L.C. underwent surgery on September 4, 2012. Additional surgeries were also done. Doctors for L.M., L.C., and B.B.C signed forms indicating that their injuries met the definition of serious bodily injury. Since the crash, L.M., B.B.C., and L.C. have spent multiple days in the hospital and have had numerous surgeries.
SMITH, at the scene of the crash, admitted to drinking alcohol before the crash. She was interviewed while in the hospital recovering from injuries about the crash and the events leading up to the crash. She indicated that she was not sure how she was driving her friend's car the wrong direction on Interstate 90. SMITH, however, was certain that she had not stolen the car. SMITH recalled drinking whiskey and beer and partying with a friend before the crash. At the end of the interview with the agents, SMITH stated, "I am sorry, guys - I am sorry, never again, no more drinking and driving."
SMITH's blood was drawn shortly after the crash, and was sent to the FBI lab for analysis. The results were that SMITH's BAC was 0.235 gm/ml.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
David Elmer Muskrat Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2013, before U.S. Magistrate Judge Keith Strong, DAVID ELMER MUSKRAT, a 35-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, pled guilty to second degree murder. Sentencing has been set for September 26, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On September 1, 2012, MUSKRAT was driving around Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation, looking for "X.X.", the now-deceased victim. Along the way, he expressed to more than one person his intent to kill X.X. if he found him. MUSKRAT was coming around a corner in Poplar and spotted X.X. walking down the street. MUSKRAT accelerated his SUV into X.X. and hit him with the vehicle. X.X. died. MUSKRAT fled the scene in the SUV.
This case is one of many examples of serious felonies the Montana U.S. Attorney's Office rigorously prosecutes in Indian Country every year. It is also a living example of the power of interagency collaboration. Five agencies devoted time, effort, and resources to this case, including the Federal Bureau of Investigation, Fort Peck Criminal Investigators, Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office, all of which resulted in justice being achieved for the victim in this case." U.S. Attorney Michael W. Cotter.
MUSKRAT faces possible penalties of life in prison and a $250,000 fine.
The investigation was a cooperative effort between the Federal Bureau of Investigation, Fort Peck Criminal Investigators, Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office.